“certificate of qualification” means a certificate of qualification granted under Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996; (“certificat de compétence”)

“division” means the primary division, the junior division, the intermediate division or the senior division; (“cycle”)

“French as a second language” includes programs for English speaking pupils in which French is the language of instruction; (“français langue seconde”)

“general studies” means the courses prescribed or developed for the intermediate and senior divisions under subsection 8 (1) of the Act and described in the secondary curriculum documents available on the Ministry of Education website at www.edu.gov.on.ca, excluding the courses described in,

Note: On May 31, 2009, section 1 is amended by adding the following definition:

“technological education” means the courses prescribed or developed under subsection 8 (1) of the Act and described in the documents entitled “The Ontario Curriculum, Grades 9 and 10 – Technological Education (2008)” and “The Ontario Curriculum, Grades 11 and 12 – Technological Education (2008)”, available on the Ministry of Education website; (“éducation technologique”)

See: O. Reg. 132/08, ss. 1 (1), 3 (1).

“technological studies” means the courses prescribed or developed under subsection 8 (1) of the Act and described in,

(a) the document entitled “Technological Education — The Ontario Curriculum, Grades 9 and 10 — 1999”, other than the sections relating to Computer and Information Science, Grade 10, Open and Computer Engineering Technology, Grade 10, Open, available on the Ministry of Education website at www.edu.gov.on.ca, and

2. (1) A board shall file with the Ministry plans for the erection of, addition to, or alteration of a school building together with details of the site thereof. R.R.O. 1990, Reg. 298, s. 2 (1).

(2) It is a condition of the payment of a legislative grant in respect of capital cost that the plans and details referred to in subsection (1) be approved by the Minister. R.R.O. 1990, Reg. 298, s. 2 (2).

Daily Sessions

3. (1) The length of the instructional program of each school day for pupils of compulsory school age shall be not less than five hours a day excluding recesses or scheduled intervals between classes. R.R.O. 1990, Reg. 298, s. 3 (1).

(2) The instructional program on a school day shall begin not earlier than 8 a.m. and end not later than 5 p.m. except with the approval of the Minister. R.R.O. 1990, Reg. 298, s. 3 (2).

(3) Despite subsection (1), a board may reduce the length of the instructional program on each school day to less than five hours a day for an exceptional pupil in a special education program. R.R.O. 1990, Reg. 298, s. 3 (3).

(4) Every board may establish the length of the instructional program on each school day for pupils in junior kindergarten and kindergarten. R.R.O. 1990, Reg. 298, s. 3 (4).

(5) Each pupil and each teacher shall have a scheduled interval for a lunch break. O. Reg. 492/01, s. 1.

(5.1) A pupil’s interval for a lunch break shall be not less than forty consecutive minutes and need not coincide with the scheduled interval for the lunch break of any other pupil or any teacher. O. Reg. 492/01, s. 1.

(5.2) A teacher’s interval for a lunch break shall be not less than forty consecutive minutes and need not coincide with the scheduled interval for the lunch break of any other teacher or any pupil. O. Reg. 492/01, s. 1.

(6) In the intermediate division and the senior division, a principal may, subject to the approval of the board, provide for recesses or intervals for pupils between periods. R.R.O. 1990, Reg. 298, s. 3 (6).

(7) Every board shall determine the period of time during each school day when its school buildings and playgrounds shall be open to its pupils, but in every case the buildings and the playgrounds shall be open to pupils during the period beginning fifteen minutes before classes begin for the day and ending fifteen minutes after classes end for the day. R.R.O. 1990, Reg. 298, s. 3 (7).

(8) There shall be a morning recess and an afternoon recess, each of which shall be not less than ten minutes and not more than fifteen minutes in length, for pupils in the primary and junior divisions. R.R.O. 1990, Reg. 298, s. 3 (8).

Opening or Closing Exercises

4. (1) This section applies with respect to opening and closing exercises in public elementary schools and in public secondary schools. O. Reg. 436/00, s. 1.

(2) The opening or closing exercises may include the singing of God Save the Queen and may also include the following types of readings that impart social, moral or spiritual values and that are representative of Ontario’s multicultural society:

1. Scriptural writings including prayers.

2. Secular writings. O. Reg. 436/00, s. 1.

(3) The opening or closing exercises may include a period of silence. O. Reg. 436/00, s. 1.

(4) In the following circumstances, a pupil is not required to participate in the opening or closing exercises described in this section:

1. In the case of a pupil who is less than 18 years old, if the pupil’s parent or guardian applies to the principal of the school for an exemption from the exercises.

2. In the case of a pupil who is at least 18 years old, if the pupil applies to the principal for an exemption from the exercises. O. Reg. 436/00, s. 1.

Flag

5. (1) Every school shall fly both the National Flag of Canada and the Provincial Flag of Ontario on such occasions as the board directs. R.R.O. 1990, Reg. 298, s. 5 (1).

(2) Every school shall display in the school the National Flag of Canada and the Provincial Flag of Ontario. R.R.O. 1990, Reg. 298, s. 5 (2).

Emergency Procedures

6. (1) In addition to the drills established under the fire safety plan required under Regulation 454 of the Revised Regulations of Ontario, 1990 (Fire Code), every board may provide for the holding of drills in respect of emergencies other than those occasioned by fire. R.R.O. 1990, Reg. 298, s. 6 (1).

(2) Every principal, including the principal of an evening class or classes or of a class or classes conducted outside the school year, shall hold at least one emergency drill in the period during which the instruction is given. R.R.O. 1990, Reg. 298, s. 6 (2).

(3) When a fire or emergency drill is held in a school building, every person in the building shall take part in the fire or emergency drill. R.R.O. 1990, Reg. 298, s. 6 (3).

Textbooks

7. (1) The principal of a school, in consultation with the teachers concerned, shall select from the list of the textbooks approved by the Minister the textbooks for the use of pupils of the school, and the selection shall be subject to the approval of the board. R.R.O. 1990, Reg. 298, s. 7 (1).

(2) Where no textbook for a course of study is included in the list of the textbooks approved by the Minister the principal of a school, in consultation with the teachers concerned, shall, where they consider a textbook to be required, select a suitable textbook and, subject to the approval of the board, such textbook may be introduced for use in the school. R.R.O. 1990, Reg. 298, s. 7 (2).

(3) In the selection of textbooks under subsection (2), preference shall be given to books that have been written by Canadian authors and edited, printed and bound in Canada. R.R.O. 1990, Reg. 298, s. 7 (3).

(4) Every board shall provide without charge for the use of each pupil enrolled in a day school operated by the board such textbooks selected under subsections (1) and (2) as relate to the courses in which the pupil is enrolled. R.R.O. 1990, Reg. 298, s. 7 (4).

Elementary School Boards

8. (1) Where the area of jurisdiction of a district school area board, a Roman Catholic school authority or a Protestant separate school board is not within a secondary school district, the board shall provide instruction that would enable its resident pupils to obtain sixteen credits towards a secondary school graduation diploma or an Ontario secondary school diploma. R.R.O. 1990, Reg. 298, s. 8 (1); O. Reg. 191/04, s. 2 (1).

(2) A board referred to in subsection (1) that offers courses of instruction during July or August or both in any year may provide instruction that would enable its resident pupils to obtain two credits in addition to the sixteen credits referred to in subsection (1). R.R.O. 1990, Reg. 298, s. 8 (2).

(3) Where a board referred to in subsection (1) provides,

(a) daily transportation for its resident pupils; or

(b) reimbursement for board and lodging and for transportation once a week to and from the places of residence of its resident pupils,

that it considers necessary to enable its resident pupils to attend a school operated by another board, the other board may provide such instruction as would enable such resident pupils to obtain the number of credits referred to in subsections (1) and (2). R.R.O. 1990, Reg. 298, s. 8 (3).

(4) A Roman Catholic school authority or a Protestant separate school board that has jurisdiction in a secondary school district may provide instruction for its resident pupils that would enable the pupils to obtain up to eighteen credits towards a secondary school graduation diploma or an Ontario secondary school diploma. R.R.O. 1990, Reg. 298, s. 8 (4); O. Reg. 191/04, s. 2 (2).

Qualifications for Principals and Vice-Principals

9. (1) The principal and vice-principal of a school having an enrolment greater than 125 shall each be a teacher who,

(a) holds or is deemed to hold, under Ontario Regulation 184/97, made under the Ontario College of Teachers Act, 1996, principal’s qualifications; or

(b) holds a principal’s certificate that is a qualification to be principal or vice-principal, as the case may be, in the type of school identified on the certificate, or is deemed under section 50 of Ontario Regulation 184/97, made under the Ontario College of Teachers Act, 1996 to hold such a certificate,

and, in the case of a school,

(c) in which English is the language of instruction; or

(d) that is established under Part XII of the Act and in which French is the language of instruction,

shall each be a person who is eligible to teach in such school under subsection 19 (11), (12) or (13), as the case may be. R.R.O. 1990, Reg. 298, s. 9 (1); O. Reg. 191/04, s. 3.

(2) Despite subsection (1), where a teacher who does not hold the degree of Bachelor of Arts or Bachelor of Science from an Ontario university or a degree that the Minister considers equivalent thereto was, prior to the 1st day of September, 1961, employed by a board as principal or vice-principal of an elementary school that had an enrolment of 300 or more pupils, the teacher shall be deemed to be qualified as principal or vice-principal, as the case may be, of any elementary school operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 9 (2).

(3) Despite subsection (1), where a teacher who does not hold the qualifications referred to in subsection (1),

(a) was employed by a board prior to the 1st day of September, 1972 as principal of an elementary school that had an enrolment of 300 or more pupils and is employed by such board as principal of an elementary school on the 8th day of September, 1978;

(b) was employed by a board on the 1st day of September, 1978 as vice-principal of an elementary school that had an enrolment on the last school day in April, 1978 of 300 or more pupils; or

(c) was employed by a board on the 1st day of September, 1978 as principal or vice-principal of an elementary school that had an enrolment on the last school day in April, 1978 that was greater than 125 and less than 300,

such teacher shall be deemed to be qualified as principal or vice-principal, as the case may be, of any elementary school operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 9 (3).

(4) A board may appoint a person who holds the qualifications required by subsection (1) as a supervising principal to supervise the administration of two or more elementary schools operated by the board and such person shall be subject to the authority of the appropriate supervisory officer. R.R.O. 1990, Reg. 298, s. 9 (4).

(5) A supervising principal may be principal of only one school. R.R.O. 1990, Reg. 298, s. 9 (5).

(6) Despite subsection (1), a teacher who, before the 1st day of September, 1970, held the necessary qualifications as principal of a secondary school continues to be qualified as principal or vice-principal of a secondary school. R.R.O. 1990, Reg. 298, s. 9 (6).

10. Revoked: O. Reg. 191/04, s. 4.

Duties of Principals

11. (1) The principal of a school, subject to the authority of the appropriate supervisory officer, is in charge of,

(2) Where two or more schools operated by a board jointly occupy or use in common a school building or school grounds, the board shall designate which principal has authority over those parts of the building or grounds that the schools occupy or use in common. R.R.O. 1990, Reg. 298, s. 11 (2).

(3) In addition to the duties under the Act and those assigned by the board, the principal of a school shall, except where the principal has arranged otherwise under subsection 26 (3),

(a) supervise the instruction in the school and advise and assist any teacher in co-operation with the teacher in charge of an organizational unit or program;

(b) assign duties to vice-principals and to teachers in charge of organizational units or programs;

(c) retain on file up-to-date copies of outlines of all courses of study that are taught in the school;

(d) upon request, make outlines of courses of study available for examination to a resident pupil of the board and to the parent of the pupil, where the pupil is a minor;

(e) provide for the supervision of pupils during the period of time during each school day when the school buildings and playgrounds are open to pupils;

(f) provide for the supervision of and the conducting of any school activity authorized by the board;

(g) where performance appraisals of members of the teaching staff are required under a collective agreement or a policy of the board, despite anything to the contrary in such collective agreement or board policy, conduct performance appraisals of members of the teaching staff;

(h) subject to the provisions of the policy of the board or the provisions of a collective agreement, as the case may be, in respect of reporting requirements for performance appraisals, report thereon in writing to the board or to the supervisory officer on request and give to each teacher so appraised a copy of the performance appraisal of the teacher;

(i) where the performance appraisals of members of the teaching staff are not required by board policy or under a collective agreement, report to the board or to the supervisory officer in writing on request on the effectiveness of members of the teaching staff and give to a teacher referred to in any such report a copy of the portion of the report that refers to the teacher;

(j) make recommendations to the board with respect to,

(i) the appointment and promotion of teachers, and

(ii) the demotion or dismissal of teachers whose work or attitude is unsatisfactory;

(k) provide for instruction of pupils in the care of the school premises;

(l) inspect the school premises at least weekly and report forthwith to the board,

(i) any repairs to the school that are required, in the opinion of the principal,

(ii) any lack of attention on the part of the building maintenance staff of the school, and

(iii) where a parent of a pupil has been requested to compensate the board for damage to or destruction, loss or misappropriation of school property by the pupil and the parent has not done so, that the parent of the pupil has not compensated the board;

(m) where it is proposed to administer a test of intelligence or personality to a pupil, inform the pupil and the parent of the pupil of the test and obtain the prior written permission for the test from the pupil or from the parent of the pupil, where the pupil is a minor;

(n) report promptly any neglect of duty or infraction of the school rules by a pupil to the parent or guardian of the pupil;

(o) promote and maintain close co-operation with residents, industry, business and other groups and agencies of the community;

(p) provide to the Minister or to a person designated by the Minister any information that may be required concerning the instructional program, operation or administration of the school and inform the appropriate supervisory officer of the request;

(4) A principal shall only make a recommendation to the board under subclause (3) (j) (ii) after warning the teacher in writing, giving the teacher assistance and allowing the teacher a reasonable time to improve. R.R.O. 1990, Reg. 298, s. 11 (4).

(5) A principal of a school,

(a) in which there is a French-language instructional unit as defined in subsection 1 (1) of the Act, who does not hold qualifications to teach in the French language as required by subsection 19 (12) or is qualified to teach in such unit only under subsection 19 (13); or

(b) in which pupils receive instruction in the English language under subsection 290 (5) or 291 (4) of the Act, who does not hold qualifications to teach in the English language as required by subsection 19 (11) or is qualified to teach in each unit only under subsection 19 (13),

shall notify the appropriate supervisory officer in writing of the impracticability of the duty placed on the principal, having regard to the qualifications of the principal, to supervise the instruction, to conduct performance appraisals and to assist and advise the teachers referred to in the notice. R.R.O. 1990, Reg. 298, s. 11 (5); O. Reg. 191/04, s. 5.

(6) Where arrangements are made under subsection 26 (3), the principal is relieved from compliance with clauses (3) (a), (g), (h) and (i) to the extent that such duties are performed by another qualified person or persons. R.R.O. 1990, Reg. 298, s. 11 (6).

(7) The other qualified person or persons who perform the duties shall be responsible to the board for the performance of such duties. R.R.O. 1990, Reg. 298, s. 11 (7).

(8) The outlines of the courses of study mentioned in clause (3) (c) shall be written and provided,

(a) in the French language in the case of courses of study provided in a French-language instructional unit operated under Part XII of the Act; and

(b) in both the English and French languages in the case of a course of study in a program established in the school under paragraph 25 of subsection 8 (1) of the Act. R.R.O. 1990, Reg. 298, s. 11 (8).

(9) Where, after reasonable notice by the principal, a pupil who is an adult, or the parent of a pupil who is a minor, fails to provide the supplies required by the pupil for a course of study, the principal shall promptly notify the board. R.R.O. 1990, Reg. 298, s. 11 (9).

(12) The principal of a school shall provide for the prompt distribution to each member of the school council of any materials received by the principal from the Ministry that are identified by the Ministry as being for distribution to the members of school councils. O. Reg. 613/00, s. 1 (1).

(12.1) The principal shall post any materials distributed to members of the school council under subsection (12) in the school in a location that is accessible to parents. O. Reg. 613/00, s. 1 (1).

(13) In each school year, the principal of a school shall make the names of the members of the school council known to the parents of the pupils enrolled in the school, by publishing those names in a school newsletter or by such other means as is likely to bring the names to the attention of the parents. O. Reg. 425/98, s. 1.

(14) The principal shall meet the requirements of subsection (13) in each school year not later than 30 days following the election of parent members of the school council. O. Reg. 613/00, s. 1 (2).

(15) The principal of a school shall promptly provide the names of the members of the school council to a supporter of the board that governs the school or to a parent of a pupil enrolled in the school, on the request of the supporter or the parent. O. Reg. 425/98, s. 1.

(16) The principal of a school shall attend every meeting of the school council, unless he or she is unable to do so by reason of illness or other cause beyond his or her control. O. Reg. 613/00, s. 1 (3).

(17) The principal of a school shall act as a resource person to the school council and shall assist the council in obtaining information relevant to the functions of the council, including information relating to relevant legislation, regulations and policies. O. Reg. 613/00, s. 1 (3).

(18) The principal of a school shall consider each recommendation made to the principal by the school council and shall advise the council of the action taken in response to the recommendation. O. Reg. 613/00, s. 1 (3).

(19) In addition to his or her other obligations to solicit the views of the school council under the Act and the regulations, the principal of a school shall solicit the views of the school council with respect to the following matters:

1. The establishment or amendment of school policies and guidelines that relate to pupil achievement or to the accountability of the education system to parents, including,

i. a local code of conduct established under subsection 303 (1) or (2) of the Act governing the behaviour of all persons in the school, and

ii. school policies or guidelines related to policies and guidelines established by the board under subsection 302 (5) of the Act respecting appropriate dress for pupils in schools within the board’s jurisdiction.

2. The development of implementation plans for new education initiatives that relate to pupil achievement or to the accountability of the education system to parents, including,

i. implementation plans for a local code of conduct established under subsection 303 (1) or (2) of the Act governing the behaviour of all persons in the school, and

ii. implementation plans for school policies or guidelines related to policies and guidelines established by the board under subsection 302 (5) of the Act respecting appropriate dress for pupils in schools within the board’s jurisdiction.

3. School action plans for improvement, based on the Education Quality and Accountability Office’s reports on the results of tests of pupils, and the communication of those plans to the public. O. Reg. 613/00, s. 1 (3).

(20) Subsection (19) does not limit the matters on which the principal of a school may solicit the views of the school council. O. Reg. 613/00, s. 1 (3).

Vice-Principals

12. (1) A board may appoint one or more vice-principals for a school. R.R.O. 1990, Reg. 298, s. 12 (1).

(2) A vice-principal shall perform such duties as are assigned to the vice-principal by the principal. R.R.O. 1990, Reg. 298, s. 12 (2).

(3) In the absence of the principal of a school, a vice-principal, where a vice-principal has been appointed for the school, shall be in charge of the school and shall perform the duties of the principal. R.R.O. 1990, Reg. 298, s. 12 (3).

Principals, Vice-Principals and Teachers in Charge of Schools and Classes Established under Part XII of the Act

13. (1) Where, under section 290 of the Act, more than two classes where French is the language of instruction are established in an elementary school that is not a French-language elementary school, the board that operates the school shall appoint one of the teachers of such classes or a teacher who holds the qualifications required to teach such classes to be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (1); O. Reg. 191/04, s. 6 (1).

(2) Where the enrolment in classes established under section 291 of the Act in a secondary school that is not a French-language secondary school is more than seventy-five but not more than 200 pupils, the board that operates the school shall appoint one of the teachers of such classes or a teacher who holds the qualifications required to teach such classes to be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (2).

(3) Where, in a secondary school, the enrolment in the classes referred to in subsection (2) is more than 200 pupils, the board shall appoint for such school a vice-principal who is qualified to teach in such classes and who shall be responsible to the principal for the program of education in such classes. R.R.O. 1990, Reg. 298, s. 13 (3).

(4) Despite subsections (1), (2) and (3), where a teacher who does not hold the qualifications referred to in such subsections was, on the 8th day of September, 1978, employed by the board as a teacher or vice-principal, as the case may be, to carry out the responsibility referred to in such subsections, the teacher shall be deemed to be qualified for such position in any elementary or secondary school, as the case may be, operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 13 (4).

14. (1) The organization of a secondary school may be by departments or other organizational units. O. Reg. 95/96, s. 1.

(2) The organization of an elementary school may be by divisions or other organizational units. O. Reg. 95/96, s. 1.

(3) A board may appoint for each organizational unit of an elementary or secondary school a teacher to direct and supervise, subject to the authority of the principal of the school, such organizational unit. O. Reg. 95/96, s. 1.

(4) A teacher appointed under subsection (3) may be appointed to direct and supervise more than one organizational unit. O. Reg. 95/96, s. 1.

15., 16. Revoked: O. Reg. 95/96, s. 1.

Subject and Program Supervision and Co-Ordination

17. (1) A board may, in respect of one or more subjects or programs in the schools under its jurisdiction, appoint a teacher to supervise or co-ordinate the subjects or programs or to act as a consultant for the teachers of the subjects or programs. R.R.O. 1990, Reg. 298, s. 17 (1).

(2) A teacher appointed under subsection (1) shall hold specialist or honour specialist qualifications, if such are available, in one or more of the subjects or programs in respect of which the teacher is appointed. R.R.O. 1990, Reg. 298, s. 17 (2).

(3) Despite subsection (1), a teacher who, on the 8th day of September, 1978, was employed by a board to supervise or co-ordinate a subject or program in its schools or to act as a consultant shall be deemed to be qualified for such position in the schools operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 17 (3).

18. (1) Subject to the authority of the appropriate supervisory officer, a teacher appointed in a subject or program under section 17 shall assist teachers in that subject or program in maintaining proper standards and improving methods of instruction. R.R.O. 1990, Reg. 298, s. 18 (1).

(2) A teacher appointed under section 17 in performing duties in a school is subject to the authority of the principal of that school. R.R.O. 1990, Reg. 298, s. 18 (2).

Qualifications of Teachers

19. (1) No person shall be a teacher in a school unless he or she,

(a) holds or is deemed to hold a certificate of qualification of any kind or class provided for in Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996; and

(b) subject to subsections (4), (5), (11) and (12), is assigned or appointed to teach according to a qualification recorded on the certificate of qualification. O. Reg. 132/05, s. 1; O. Reg. 29/08, s. 1 (1).

(2) Revoked: O. Reg. 132/05, s. 1.

(3) Revoked: O. Reg. 29/08, s. 1 (2).

(4) Subject to subsections (6), (11), (12), (14) and (15), and with due regard for the safety and welfare of the pupils and the provision of the best possible program, a teacher whose certificate of qualification indicates qualification in the primary division, the junior division, the intermediate division in general studies or the senior division in general studies may, by mutual agreement of the teacher and the principal of a school and with the approval of the appropriate supervisory officer, be assigned or appointed to teach in a division or a subject in general studies for which no qualification is recorded on the teacher’s certificate of qualification. R.R.O. 1990, Reg. 298, s. 19 (4); O. Reg. 191/04, s. 7 (2).

(5) Subject to subsections (11), (12) and (15), and with due regard for the safety and welfare of the pupils and the provision of the best possible program, a teacher whose certificate of qualification has entries indicating qualifications in technological studies may by mutual agreement of the teacher and the principal of a school, with the approval of the appropriate supervisory officer, be assigned or appointed to teach a subject in technological studies for which no qualification is recorded on the certificate of qualification. R.R.O. 1990, Reg. 298, s. 19 (5); O. Reg. 191/04, s. 7 (3).

(6) Subject to subsections (7), (8), (9) and (10), a teacher who does not hold an acceptable post-secondary degree as defined in subsection 1 (3) of Ontario Regulation 184/97 made under the Ontario College of Teachers Act, 1996 shall not be assigned or appointed to teach general studies in a secondary school, except that where the teacher is qualified to teach in the primary division, the junior division and the intermediate division of an elementary school and,

(a) on the 30th day of June, 1981 was teaching in a secondary school; or

(b) on or before the 2nd day of October, 1981 was assigned or appointed to teach general studies in a secondary school, and on the 30th day of June, 1982 was teaching in a secondary school,

may be assigned or appointed to teach the courses in business studies equivalent to the courses in business studies shown on the teacher’s certificate of qualification. R.R.O. 1990, Reg. 298, s. 19 (7); O. Reg. 191/04, s. 7 (5).

(8) A teacher who holds qualifications in technological studies in sewing and dressmaking, or textiles and clothing, or home economics may be assigned or appointed to teach in a secondary school the clothing portion of the family studies course. R.R.O. 1990, Reg. 298, s. 19 (8).

(9) A teacher who holds qualifications in technological studies in food and nutrition or home economics may be assigned or appointed to teach in a secondary school the food and nutrition portion of the family studies course. R.R.O. 1990, Reg. 298, s. 19 (9).

(10) A teacher who holds qualifications in technological studies in vocational art, instrumental music or vocal music may be assigned or appointed to teach art, instrumental music or vocal music, as the case may be, in general studies in a secondary school. R.R.O. 1990, Reg. 298, s. 19 (10).

(11) A teacher who has not received basic teacher education in the English language or who is not otherwise qualified under the regulations for such assignment or appointment shall not be assigned or appointed to teach in classes where English is the language of instruction. R.R.O. 1990, Reg. 298, s. 19 (11).

(12) A teacher who has not received basic teacher education in the French language or who is not otherwise qualified under the regulations for such assignment or appointment shall not be assigned or appointed to teach in schools or classes established under Part XII of the Act where French is the language of instruction. R.R.O. 1990, Reg. 298, s. 19 (12).

(13) Despite subsections (11) and (12), a teacher who holds qualifications to teach in the intermediate division and the senior division may be assigned or appointed to teach in either or both of such divisions in classes where English or French is the language of instruction. R.R.O. 1990, Reg. 298, s. 19 (13).

(14) No teacher shall,

(a) be assigned, or appointed to teach, in any of grades 9, 10, 11 and 12 in any one school year for more than the time required for two courses that are recognized for credit in art, business studies, guidance including counselling, family studies, instrumental music, vocal music or physical education; or

(15) On or after September 1, 1982, no teacher shall be assigned or appointed to teach courses in the senior division in technological studies unless the teacher’s certificate of qualification indicates qualifications for Grades 11 and 12 in the area of technological studies to which the teacher is to be assigned or appointed. O. Reg. 29/08, s. 1 (5).

(17) A teacher who, on the 8th day of September, 1978, was employed by a board to teach,

(a) French as a second language or English as a second language in an elementary school or a secondary school; or

(b) industrial arts in an elementary school,

and is not qualified for such position under subsection (14), shall be deemed to be qualified for such position in the elementary schools or the secondary schools, as the case may be, that are operated by that board or its successor board. R.R.O. 1990, Reg. 298, s. 19 (17).

(18) Where a teacher’s certificate of qualification has entries indicating qualifications both in technological studies and in guidance, the teacher may be assigned or appointed to teach guidance and counselling in general studies in a secondary school. R.R.O. 1990, Reg. 298, s. 19 (18); O. Reg. 191/04, s. 7 (10).

(19) The provision of subsection (14) that no teacher shall be assigned or appointed to teach in a special education class or program unless the teacher holds qualifications in special education does not apply to the teaching of classes in general studies or technological studies in what was formerly designated a special vocational or occupational program until the 1st day of September, 1985. R.R.O. 1990, Reg. 298, s. 19 (19).

(20) A teacher may be assigned or appointed to teach those courses that are equivalent to those courses that appear on the teacher’s certificate of qualification. R.R.O. 1990, Reg. 298, s. 19 (20); O. Reg. 191/04, s. 7 (11).

Duties of Teachers

20. In addition to the duties assigned to the teacher under the Act and by the board, a teacher shall,

(a) be responsible for effective instruction, training and evaluation of the progress of pupils in the subjects assigned to the teacher and for the management of the class or classes, and report to the principal on the progress of pupils on request;

(b) carry out the supervisory duties and instructional program assigned to the teacher by the principal and supply such information related thereto as the principal may require;

(c) where the board has appointed teachers under section 14 or 17, co-operate fully with such teachers and with the principal in all matters related to the instruction of pupils;

(d) unless otherwise assigned by the principal, be present in the classroom or teaching area and ensure that the classroom or teaching area is ready for the reception of pupils at least fifteen minutes before the commencement of classes in the school in the morning and, where applicable, five minutes before the commencement of classes in the school in the afternoon;

(e) assist the principal in maintaining close co-operation with the community;

(f) prepare for use in the teacher’s class or classes such teaching plans and outlines as are required by the principal and the appropriate supervisory officer and submit the plans and outlines to the principal or the appropriate supervisory officer, as the case may be, on request;

(g) ensure that all reasonable safety procedures are carried out in courses and activities for which the teacher is responsible;

(h) co-operate with the principal and other teachers to establish and maintain consistent disciplinary practices in the school;

(i) ensure that report cards are fully and properly completed and processed in accordance with the guides known in English as Guide to the Provincial Report Card, Grades 1-8 and Guide to the Provincial Report Card, Grades 9-12, and in French as Guide d’utilisation du bulletin scolaire de l’Ontario de la 1ère à la 8e année and Guide du bulletin scolaire de l’Ontario de la 9e à la 12e année, as the case may be, both available electronically through a link in the document known in English as Ontario School Record (OSR) Guideline, 2000 and in French as Dossier scolaire de l’Ontario: Guide, 2000, online at www.edu.gov.on.ca/eng/document/curricul/osr/osr.html or www.edu.gov.on.ca/fre/document/curricul/osr/osrf.html;

(j) co-operate and assist in the administration of tests under the Education Quality and Accountability Office Act, 1996;

(k) participate in regular meetings with pupils’ parents or guardians;

(l) perform duties as assigned by the principal in relation to co-operative placements of pupils; and

21. (1) Where no teacher is available, a board may appoint, subject to section 22, a person who is not a teacher or a temporary teacher. R.R.O. 1990, Reg. 298, s. 21 (1).

(2) A person appointed under subsection (1) shall be 18 years of age or older and hold an Ontario secondary school diploma, a secondary school graduation diploma or a secondary school honour graduation diploma, or an equivalent to any of them. O. Reg. 29/08, s. 2.

(3) An appointment under this section is valid for ten school days commencing with the day on which the person is appointed. R.R.O. 1990, Reg. 298, s. 21 (3).

Cancelled, Revoked and Suspended Certificates

22. (1) A board shall not appoint a person to teach under section 21 or in accordance with a Letter of Permission if the individual is or has ever been a member of the Ontario College of Teachers. O. Reg. 29/08, s. 3.

(2) A board shall not appoint a person to teach under section 21 or in accordance with a Letter of Permission unless the person has provided to the board a written statement that any teaching certificate or licence granted to him or her by another jurisdiction is not cancelled, suspended or revoked for any reason other than for failure to pay fees or levies to the governing body. O. Reg. 29/08, s. 3.

(3) A person whose teaching certificate is cancelled, revoked or suspended shall not be appointed as a teacher. O. Reg. 29/08, s. 3.

Requirements for Pupils

23. (1) A pupil shall,

(a) be diligent in attempting to master such studies as are part of the program in which the pupil is enrolled;

(b) exercise self-discipline;

(c) accept such discipline as would be exercised by a kind, firm and judicious parent;

(d) attend classes punctually and regularly;

(e) be courteous to fellow pupils and obedient and courteous to teachers;

(f) be clean in person and habits;

(g) take such tests and examinations as are required by or under the Act or as may be directed by the Minister; and

(2) When a pupil returns to school after an absence, a parent of the pupil, or the pupil where the pupil is an adult, shall give the reason for the absence orally or in writing as the principal requires. R.R.O. 1990, Reg. 298, s. 23 (2).

(3) A pupil may be excused by the principal from attendance at school temporarily at any time at the written request of a parent of the pupil or the pupil where the pupil is an adult. R.R.O. 1990, Reg. 298, s. 23 (3).

(4) Every pupil is responsible for his or her conduct to the principal of the school that the pupil attends,

(a) on the school premises;

(b) on out-of-school activities that are part of the school program; and

(c) while travelling on a school bus that is owned by a board or on a bus or school bus that is under contract to a board. R.R.O. 1990, Reg. 298, s. 23 (4).

Advertisements and Announcements

24. (1)No advertisement or announcement shall be placed in a school or on school property or distributed or announced to the pupils on school property without the consent of the board that operates the school except announcements of school activities. R.R.O. 1990, Reg. 298, s. 24 (1).

(2) Subsection (1) does not apply to anything posted in the school in accordance with the regulations. O. Reg. 613/00, s. 2.

Canvassing and Fund-Raising

25. (1) It is the duty of a pupil to ensure that any canvassing or fund-raising activity on school property by the pupil is carried on only with the consent of the board that operates the school. R.R.O. 1990, Reg. 298, s. 25 (1).

(2) No principal, vice-principal or teacher, without the prior approval of the board that operates the school at which they are employed, shall authorize any canvassing or fund-raising activity that involves the participation of one or more pupils attending the school. R.R.O. 1990, Reg. 298, s. 25 (2).

Supervision

26. (1) The appropriate supervisory officer, in addition to the duties under the Act, may, during a visit to a school, assume any of the authority and responsibility of the principal of the school. R.R.O. 1990, Reg. 298, s. 26 (1).

(2) Psychiatrists, psychologists, social workers and other professional support staff employed by a board shall perform, under the administrative supervision of the appropriate supervisory officer, such duties as are determined by the board and, where such persons are performing their duties in a school, they shall be subject to the administrative authority of the principal of that school. R.R.O. 1990, Reg. 298, s. 26 (2).

(3) A supervisory officer who is notified under subsection 11 (5) shall forthwith notify the French-language education council or section, English-language education council or section or majority language section of the board, as the case requires, and arrange for,

(a) the provision of supervision of instruction;

(b) assistance and advice to the teachers in respect of whom the supervisory officer was given notice under subsection 11 (5); and

(c) the conducting of performance appraisals, where appropriate, of the teachers in respect of whom the supervisory officer was given notice under subsection 11 (5),

in the language in which the instruction is provided. R.R.O. 1990, Reg. 298, s. 26 (3).

Religion in Schools

27. Sections 28 and 29 do not apply to a Roman Catholic board or to a Protestant separate school board. O. Reg. 191/04, s. 8.

28. (1) A board may provide in grades one to eight and in its secondary schools an optional program of education about religion. R.R.O. 1990, Reg. 298, s. 28 (1).

(2) A program of education about religion shall,

(a) promote respect for the freedom of conscience and religion guaranteed by the Canadian Charter of Rights and Freedoms; and

(b) provide for the study of different religions and religious beliefs in Canada and the world, without giving primacy to, and without indoctrination in, any particular religion or religious belief. R.R.O. 1990, Reg. 298, s. 28 (2).

(3) A program of education about religion shall not exceed sixty minutes of instruction per week in an elementary school. R.R.O. 1990, Reg. 298, s. 28 (3).

29. (1) Subject to subsections (2) and (3), a board shall not permit any person to conduct religious exercises or to provide instruction that includes indoctrination in a particular religion or religious belief in a school. R.R.O. 1990, Reg. 298, s. 29 (1).

(2) A board may enter into an agreement with a Roman Catholic board that permits the Roman Catholic board to use space and facilities to conduct religious exercises or provide religious instruction for the purposes of the Roman Catholic board. O. Reg. 191/04, s. 9.

(3) A board may permit a person to conduct religious exercises or to provide instruction that includes indoctrination in a particular religion or religious belief in a school if,

(a) the exercises are not conducted or the instruction is not provided by or under the auspices of the board;

(b) the exercises are conducted or the instruction is provided on a school day at a time that is before or after the school’s instructional program, or on a day that is not a school day;

(c) no person is required by the board to attend the exercises or instruction; and

(d) the board provides space for the exercises or instruction on the same basis as it provides space for other community activities. R.R.O. 1990, Reg. 298, s. 29 (3).

30. A hearing-handicapped child who has attained the age of two years may be admitted to a special education program for the hearing-handicapped. R.R.O. 1990, Reg. 298, s. 30.

31. The maximum enrolment in a special education class shall depend upon the extent of the exceptionalities of the pupils in the class and the special education services that are available to the teacher, but in no case shall the enrolment in a self-contained class exceed,

(a) in a class for pupils who are emotionally disturbed or socially maladjusted, for pupils who have severe learning disabilities, or for pupils who are younger than compulsory school age and have impaired hearing, eight pupils;

(b) in a class for pupils who are blind, for pupils who are deaf, for pupils who have developmental disabilities, or for pupils with speech and language disorders, ten pupils;

(c) in a class for pupils who are hard of hearing, for pupils with limited vision, or for pupils with orthopaedic or other physical handicaps, twelve pupils;

(d) in a class for pupils who have mild intellectual disabilities, twelve pupils in the primary division and sixteen pupils in the junior and intermediate divisions;

(e) in an elementary school class for pupils who are gifted,

(i) twenty pupils, if the class consists only of pupils in the primary division,

(ii) twenty-three pupils, if the class includes at least one pupil in the primary division and at least one pupil in the junior division or intermediate division, and

(iii) twenty-five pupils, if the class consists only of pupils in the junior division or intermediate division;

(f) in a class for aphasic or autistic pupils, or for pupils with multiple handicaps for whom no one handicap is dominant, six pupils; and

32. Where it is practical to do so and if the pupil understands American Sign Language or Quebec Sign Language, as the case may be, a teacher or temporary teacher may use American Sign Language or Quebec Sign Language,

(a) in the classroom; and

(b) as a language of instruction and in communications in regard to discipline and management of the school. O. Reg. 258/07, s. 1.